DENVER -- No criminal charges will be filed against Arapahoe County Clerk and Recorder Tracy Baker (pictured, left), a special prosecutor announced Monday afternoon.

Bob Grant, district attorney for Adams County, reviewed records of the case at the request of Arapahoe County District Attorney Kathryn Schroeder.

County commissioners have alleged Baker misused public money, and cast suspicion on $20,000 in overtime and bonuses he gave to his chief assistant and girlfriend, Leesa Sale.

Another employee had filed a lawsuit against Baker, saying his affair with Sale created a hostile working environment.

Grant released a 13-page analysis of his investigation in making the announcement.

One of the allegations investigated involved Baker's Assistant Chief Deputy County Clerk. Investigators looked into allegations that she was paid for overtime she did not work.

Records that were reviewed revealed that between January 1, 2002, and September 30, 2002, Sale was paid $18,000 in overtime. Those records also revealed that during the year 2001 Sale received $8,769 in overtime and during calendar year 2000 Sale received $7,153 in overtime.

Two investigations were conducted into the allegation, but failed to reveal a single witness who was able to provide information to suggest that Sale was paid for overtime that she did not work, the investigative report revealed.

The investigation also looked into sexually explicit e-mails exchanged between Baker and Sales and found that the e-mails were consensual and did not violate county policy regarding sexual harassment.

An additional allegation of potential criminal misconduct that was made against Tracy Baker was that he had engaged in an illegal eavesdropping or wiretapping by listening to a recording of conversations that took place during an executive session of the Arapahoe County Commissioners.

Investigators determined that it was unlikely commissioners could argue that the portion of the closed meeting that Baker listened to was proper subject matter for an executive session. The investigators determined that the session should have been open to the public and that Baker did not violate the law by listen to a recording of it.

"Mr. Baker's conduct revealed by these investigations may raise issues of poor judgment and the use of county funds in a manner which might not be in keeping with the best management decisions," said Grant. "However, none of the allegations that were brought against Mr. Baker rise to the level of prosecutable criminal conduct."

Baker issued a one-sentence statement that said, "The report speaks for itself. We were vindicated on all counts."

County commissioners have asked Baker to resign. Some of Baker's fellow Arapahoe County Republicans have also urged him to quit, but he has refused and cannot be fired because he is an elected official.

Baker was appointed as clerk in 2000 to fill a vacancy and won election in November.